U.S.A. v. RICCI, 05-15418 (9th Cir. 11-16-2007)
UNITED STATES OF AMERICA, Plaintiff, and NORTH VALLEY HOLDINGS, a NevadaLLC, Petitioner-Appellant, v. HUGH RICCI, State Engineer, Dept. ofConservation and Natural Resources, Div. of Water Resources; NEVADA STATEENGINEERS, Respondents-Appellees.
No. 05-15418.United States Court of Appeals, Ninth Circuit.Page 2
Submitted November 7, 2007[fn**] San Francisco, California.
November 16, 2007.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.][fn**] The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a)(2).
MEMORANDUM[fn*]
[fn*] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding, D.C. No. CV-73-00003-LDG.
Before: NOONAN, FERNANDEZ and McKEOWN, Circuit Judges.
North Valley Holdings, LLC, appeals the district court's order affirming a decision of the Nevada State Engineer that North Valley could not change a water right from one point to another. We affirm.
North Valley sought to transfer rights to water adjudicated under the Orr Ditch Decree, which determined rights in the Truckee River system, to a well that removes water from the Truckee Meadows Ground Water Basin.
We cannot say that either the State Engineer or the district court erred in deciding that the application for change must be denied because the source of the water rights adjudicated under the Decree was different from the source that would be tapped by the Truckee Meadows well. See United States v.Orr Water Ditch Co., 391 F.3d 1077, 1081-1082 (9th Cir. 2004); United States v. Alpine Land ReservoirCo., 291 F.3d 1062, 1071-72 (9th Cir. 2002); Town ofEureka v. State Engineer, 108 Nev. 163, 165, 826 P.2d 948,949 (1992) (per curiam).
AFFIRMED.Page 1